Draft:Abolition of Mandatory Death Penalty Act 2023
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The Abolition of Mandatory Death Penalty Act 2023 (Malay: Akta Pemansuhan Hukuman Mati Mandatori 2023), is a Malaysian law which was enacted by the Parliament of Malaysia to abolish the mandatory death penalty and imprisonment for natural life in Malaysia.
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Last edited by Citation bot (talk | contribs) 11 days ago. (Update) |
Abolition of Mandatory Death Penalty Act 2023 | |
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Parliament of Malaysia | |
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Citation | Act 846 |
Territorial extent | Throughout Malaysia |
Passed by | Dewan Rakyat |
Passed | 3 April 2023 |
Passed by | Dewan Negara |
Passed | 11 April 2023 |
Royal assent | 9 June 2023 |
Effective | 4 July 2023[1] P.U. (B) 229/2023 |
Legislative history | |
First chamber: Dewan Rakyat | |
Bill citation | D.R. 7/2023 |
Introduced by | Ramkarpal Singh a/l Karpal Singh - Deputy Minister in Prime Minister's Department (Law and Institutional Reforms) |
First reading | 27 March 2023 |
Second reading | 3 April 2023 |
Third reading | 3 April 2023 |
Second chamber: Dewan Negara | |
Bill citation | D.R. 7/2023 |
Member(s) in charge | Ramkarpal Singh a/l Karpal Singh - Deputy Minister in Prime Minister's Department (Law and Institutional Reforms) |
First reading | 5 April 2023 |
Second reading | 11 April 2023 |
Third reading | 11 April 2023 |
Amends | |
Penal Code [Act 574] Firearms (Increased Penalties) Act 1971 [Act 37] Arms Act 1960 [Act 206] Kidnapping Act 1961 [Act 365] Dangerous Drugs Act 1952 [Act 234] Strategic Trade Act 2010 [Act 708] Criminal Procedure Code [Act 593] | |
Related legislation | |
Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 | |
Keywords | |
Capital punishment, Death Penalty, Life imprisonment | |
Status: In force |
However, the death penalty will still remain as a possible punishment under Malaysia's criminal law and this Act does not equal to total abolition of the death penalty in Malaysia.[2][3][4]
Before the commencement of this Act on 3 July 2023, there are a total of 11 criminal offences under Malaysian law that carried the mandatory death penalty such as murder, drug trafficking, acts of terrorism, and waging war against the Yang di-Pertuan Agong.[5][4] If one is found guilty under one of such criminal offences, the only punishment available to the judge by law is the death penalty.[6] The judge has no other choice but to sentence the accused to death, unless the accused is a pregnant women as defined by the Criminal Procedure Code, or a child as defined by the Child Act 2001.[7]
With the introduction of this Act, the judges can now act in their own discretion to decide to whether sentence one to:
- Death, or;
- Imprisonment for a term of 30 to 40 years and not less than 12 strokes of whipping.
— on a case-by-case basis.[5][8]
This Act also abolished all imprisonment for natural life under Malaysian law and replaced it with imprisonment for a term of not less than 30 years but not more than 40 years.[3][4][5]